Terms & Conditions

Table of contents

Terms of Service

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

FounderNest Terms of Use

Last Updated: March, 2021

Welcome to FounderNest.  Please read on to learn the rules and restrictions that govern your use of our websites, products, services and applications (the “Service”).  If you have any questions, comments, or concerns regarding these terms or the Service, please contact us at legal@foundernest.com

These Terms of Use (the “Terms”) are a binding contract between you and FounderNest, Inc. (“FounderNest,” “we” and “us”).   By using the Service in any way, you agree to and accept all of these Terms, and these Terms will remain in effect at all times while you use the Service or any data obtained through the Service.  These Terms govern your access to the Service and use of all data, content and other information on FounderNest’s websites, applications, and other properties and include the provisions in this document, as well as those in the Privacy Policy, the Copyright Dispute Policy, and the GDPR Privacy Policy.

Will these Terms ever change?

We are constantly trying to improve our Service, so these Terms may need to change along with the Service.  We reserve the right to change these Terms at any time, but if we do, we will bring it to your attention by placing a notice on the FounderNest website, by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Service.  If you use the Service in any way after a change to these Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by you and FounderNest.

What about my privacy?

FounderNest takes the privacy of its users very seriously.  Please check: (1) FounderNest current Privacy Policy, and (2) GDPR Privacy Policy

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children.  We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for the Service or send any personal information about yourself to us. If we learn that we have collected personal information from a child under 16, we will delete that information as quickly as possible.  If you believe that a child under 16 may have provided us with personal information, please contact us at legal@foundernest.com.

What are the basics of using the Service?

As part of using the Service, you may be required to sign up for an account, and select a password and email or user name (your “FounderNest User ID”).  You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your FounderNest User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Your right to access the Service is personal to you and you may not transfer your account to anyone else without our prior written permission. You will not share your account or password with anyone, and you must protect the security of your account and your password.  You’re responsible for any activity associated with your account. You will only use the Service and Content in a manner that complies with all laws that apply to you. If your use of the Service is prohibited by applicable laws, then you aren’t authorized to use the Service. We can’t and won’t be responsible for your use of the Service in any way that breaks the law.

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Service and gotten your parent or guardian to agree to these Terms on your behalf).  If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

Your use of the Service is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute or submit any User Submission (defined below) or other materials or otherwise use the Service or interact with the Service in a manner that:

(a)   Infringes or violates the intellectual property rights or any other rights of anyone else (including FounderNest);

(b)  Violates any law or regulation, including any applicable export control laws, or would cause FounderNest to be in violation of any law or regulation (including, without limitation, any laws relating to labor, employment, or the issuance of securities);

(c)   Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

(d)  Jeopardizes the security of your FounderNest account or anyone else’s (such as allowing someone else to log in to the Service as you);

(e)   Attempts, in any manner, to obtain the password, account, or other security information from any other user;

(f)   Violates the security of any computer network, or cracks any passwords or security encryption codes;

(g)  Runs any form of auto-responder or “spam” on the Service, or any processes that run or are activated while you are not logged into the Service, or that otherwise interfere with the proper working of the Service (including by placing an unreasonable load on the Service’ infrastructure);

(h)  “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Service or Content (through the use of manual or automated means);

(i)    Circumvents or attempts to circumvent any features, limitations, or restrictions of the Service (including, without limitation, attempting to access, download, export, or otherwise use or exploit any Content using any automated means or tools);

(j)    Copies or stores any significant portion of the Content;

(k)  Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Service.

A violation of any of the foregoing is grounds for account suspension or termination of your right to use or access the Service.

What are my rights with respect to the Service?

The materials displayed or published or available on or through the Service, including, but not limited to, text, graphics, data, articles, information, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws.  You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Service in any way currently available or available in the future (including through the FounderNest website, API, mobile applications, downloads, etc.). You will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you in a way that violates someone else’s (including FounderNest’s) rights.  You may reference the Content with proper attribution to FounderNest or the applicable owner; however, any other uses of the Content require FounderNest’s prior written consent. This particularly refers to sharing one particularly company with other individuals.

You understand that FounderNest owns the Service. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, re-sell, sublicense, re-distribute, or otherwise exploit any aspect of the Service.

If you would like to use Content in any manner other than as expressly permitted by these Terms, please contact us at legal@foundernest.com. You may be required to submit an application and/or meet certain eligibility criteria in order to participate in a program, and there may be different terms and conditions which apply to the specific program that you choose. You must agree to all terms and conditions and, if applicable, pay all required fees which apply to your specific program. These Terms apply to all such programs unless specifically stated otherwise in the applicable program terms.

Do I have to grant any licenses to FounderNest or to other users?

Anything you post, upload, share, store, or otherwise provide through the Service is your “User Submission.”  Some User Submissions (such as data you contribute to FounderNest, or information you elect to share with other users through the Service) are viewable by other users.  In order to display your User Submissions on the Service, you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant FounderNest a royalty-free, perpetual, sublicenseable, irrevocable, and worldwide license to translate, modify (including, without limitation, for technical purposes), reproduce, and otherwise act with respect to such User Submissions, in each case to enable us to operate the Service, as described in more detail below.  This is a license only – your ownership in User Submissions is not affected.

If you share a User Submission publicly on the Service and/or in a manner that more than just you or specified specific set of users can view, or if you provide us with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Service (each of the foregoing, a “Public User Submission”), then you grant FounderNest the licenses above, as well as a royalty-free, perpetual, sublicenseable, irrevocable, and worldwide license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all FounderNest users and providing the Service necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Service and/or otherwise in connection with FounderNest’s business.

What if I see something on the Service that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like FounderNest, being asked to remove material that allegedly violates someone’s copyright.  We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content.  To learn more about the DMCA, click here.

Who is responsible for what I see and do on the Service?

Any information or content publicly posted or privately transmitted through the Service is the sole responsibility of the person or organization from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.   We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Service. We can’t guarantee the identity of any users with whom you interact when using the Service and are not responsible for which users gain access to the Service.

You are responsible for all Content you contribute, in any manner, to the Service, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.  You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Service.

The Service may contain content, data, links or connections to or from third party websites or services that are not owned or controlled by FounderNest (“Third-Party Services”). When you access or use FounderNest, you accept that there are risks in doing so, and that FounderNest is not responsible for such risks. 

FounderNest has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third-Party Services or by any third party including Users of the platform. In addition, FounderNest will not and cannot monitor, verify, censor or edit the content of any Third-Party Services including that generated by User of the Platform. By using the Service, you release and hold us harmless from any and all liability arising from your access to or use of any Third-Party Service.

Your interactions with organizations and/or individuals found on or through the Service, including investment, partnership, join ventures, merger and acquisitions, payment and delivery of goods or services (if applicable), and any other terms, conditions, warranties or representations associated with such dealings or others, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that FounderNest shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that FounderNest is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release FounderNest, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Service. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

Will FounderNest ever change the Service?

We’re always trying to improve the Service, so they may change over time.  We may suspend or discontinue any part of the Service, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Service.  We’ll try to give you notice when we make a material change to the Service that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Service at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

From time to time, FounderNest may require you to expunge some or all of the Content in your possession, and you will do so promptly upon request.

Does using FounderNest cost anything?

We reserve the right to get compensated for certain parts or all of the Service. Certain or all aspects or uses of the Service require you to pay fees or any other way of compensation agreed upon. You agree to pay all fees which apply to your use of the Service, upon notice to you. FounderNest reserves the right to change any fees and pricing structure applicable to the Service at any time upon notice to you (which may be sent by email or posted on FounderNest’s website). Your use of the Service following such notification constitutes your acceptance of any new or increased fees. In those cases where the use of the Service requires the payment of any fee, FounderNest will process your bank details for the sole purpose of managing such payment.

What if I want to stop using FounderNest?

You’re free to do that at any time; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat the information you provide to us after you have stopped using our Service.

FounderNest is also free to terminate (or suspend access to) your use of the Service or your account, for any reason in our discretion, including your breach of these Terms.   FounderNest has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.  Provisions that, by their nature should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

Additionally, upon termination of your account FounderNest may require you to expunge some or all of the Content in your possession, and you will do so promptly.

Additional Terms For Investors

By accessing our Service and identifying as an investor, you acknowledge and agree that you (i) are a sophisticated investor with personal or professional experience assessing the long term business prospects of early stage companies and understand the risk of investing in early stage companies, including the high likelihood of loss and long period of illiquidity, (ii) are an Accredited Investor (as defined below), (iii) that you may need to complete an “Accredited Investor Questionnaire”, and (iv) that you will be able to provide all evidence reasonably requested to confirm that you are an Accredited Investor.

FounderNest is not responsible for verifying that any person or entity that identifies as an investor is an Accredited Investor (as defined below) or is otherwise authorized or appropriate to invest in you, or for determining whether any use of the Service constitutes a general solicitation of securities under the securities laws of the United States, or the laws of any state or other jurisdiction, including foreign jurisdictions.

FounderNest does not recommend any startups for investment, endorse their fitness for investment, or verify or claim the accuracy of information provided by startups in the Service.  In particular, FounderNest does not act as an investment adviser to any person or entity identifying as an investor and no part of the Service is intended to constitute investment advice.

As used herein, the term “Accredited Investor” shall have the same meaning as defined by the Securities and Exchange Commission in Rule 501 of Regulation D under the Securities Act of 1933, which is as follows:

(a) a natural person with income exceeding $200,000 in each of the two most recent years or joint income with a spouse exceeding $300,000 for those years and a reasonable expectation of the same income level in the current year;

(b) a natural person who has individual net worth, or joint net worth with the person’s spouse, that exceeds $1 million at the time of the purchase, excluding the person’s primary residence;

(c)  a director, executive officer, or general partner of the company selling the securities;

(d) a business in which all the equity owners are accredited investors;

(e) a charitable organization, corporation, or partnership with assets exceeding $5 million;

(f) a bank, insurance company, registered investment company, business development company, or small business investment company;

(g) an employee benefit plan, within the meaning of the Employee Retirement Income Security Act, if a bank, insurance company, or registered investment adviser makes the investment decisions, or if the plan has total assets in excess of $5 million; or

(h) a trust with assets in excess of $5 million, not formed to acquire the securities offered, whose purchases a sophisticated person makes.

With respect to persons accessing the Service from outside the United States, references to “Accredited Investor” status shall include all relevant investor sophistication standard(s) applicable to persons in each such jurisdiction seeking to make private venture investments.

What else do I need to know?

Warranty Disclaimer.  Neither FounderNest nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Service.  We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Service. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Service are provided “AS IS” and without any warranty of any kind from FounderNest or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).  THE SERVICES AND CONTENT ARE PROVIDED BY FOUNDERNEST (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability.  TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, NEGLIGENCE, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL FOUNDERNEST (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO FOUNDERNEST IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity.  You agree to indemnify and hold FounderNest, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, penalties (including governmental fines), damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way relating to (a) your use of the Service (including any actions taken by a third party using your account), or (b) your violation of these Terms.

Assignment.  You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Service account, in any way (by operation of law or otherwise) without FounderNest’s prior written consent.  We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration.  These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof.  Any dispute arising from or relating to the subject matter of these Terms (whether brought against FounderNest or against any director, officer or employee of FounderNest in their personal capacity) shall be finally settled in Santa Clara County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Service, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Santa Clara County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.  YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND FOUNDERNEST ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Miscellaneous.  You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, provided that FounderNest may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.  The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.  You and FounderNest agree that these Terms are the complete and exclusive statement of the mutual understanding between you and FounderNest, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of FounderNest, and you do not have any authority of any kind to bind FounderNest in any respect whatsoever.   You and FounderNest agree there are no third party beneficiaries intended under these Terms.

Copyright Dispute Policy

Last Updated: January, 2021

In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.

Remember that your use of FounderNest’s Services is at all times subject to the Terms of Service, which incorporates this Copyright Dispute Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.

(1) Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the FounderNest’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

(b) Identification of works or materials being infringed;

(c) Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that FounderNest is capable of finding and verifying its existence;

(d) Contact information about the notifier including address, telephone number and, if available, email address;

(e) A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and

(f) A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

(2) Once Proper Bona Fide Infringement Notification Is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:

(a) remove or disable access to the infringing material;

(b) notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and

(c) terminate such content provider’s access to the Services if he or she is a repeat offender.

(3) Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:

(a) A physical or electronic signature of the content provider;

(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

(c) A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

(d) Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which FounderNest is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, FounderNest may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that FounderNest may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at FounderNest’s discretion.

Please contact FounderNest’s Designated Agent at the following address:

FounderNest Legal Department

2040 Martin Avenue

Santa Clara, CA 95050

United States

legal@foundernest.com 

Privacy Policy

Last Updated: January, 2021

We at FounderNest know you care about how your personal information is used and shared, and we take your privacy seriously.  Please read the following to learn more about our Privacy Policy.

By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

Remember that your use of FounderNest’s Services is at all times subject to the Terms of Service, which incorporates this Privacy Policy.  Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service. In addition, if you are a resident of the European Union, United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation as outlined in our GDPR Privacy Policy.

What does this Privacy Policy cover?

This Privacy Policy covers our processing of personally identifiable information (“Personal Information”) that we gather when you are accessing or using our Services, but not to the practices of companies we don’t own or control, or people that we don’t manage.  We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize, provide, and improve our services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Services. In certain cases, we may also share some Personal Information with third parties, but only as described below.

As noted in the Terms of Service, we do not knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us with personal information, please contact us at legal@foundernest.com

Will FounderNest ever change this Privacy Policy?

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on the FounderNest website, by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them.  If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is collected.

What Information does FounderNest Collect?

Information You Provide to Us:

We receive and store any information you knowingly provide to us.  For example, through the registration process and/or through your account settings, we may collect Personal Information such as your name, email address, phone number, and third-party account credentials. If you provide your third-party account credentials to us or otherwise sign in to the Services through a third party site or service (such as Twitter, Facebook, Linkedin, or Google), you understand some content and/or information in those accounts (“Third Party Account Information”) may be transmitted into your account with us, and that Third Party Account Information transmitted to our Services is covered by this Privacy Policy. Certain information may be required to register with us or to take advantage of some of our features. In addition, we may process your bank account data in those cases where the use of the Service requires the payment of any fee; these data will be processed for the sole purpose of managing such payment.

We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers on behalf of other businesses, or email you about your use of the Services.  Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services. If you do not want to receive communications from us, please contact us at legal@foundernest.com

Information Collected Automatically

Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser, device or any medium across all communication channels with you, which may include your IP address, geolocation data, device identification, “cookie” information, the type of browser and/or device you’re using to access our Services, and the page or feature you requested. “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people.  You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.

Our partners may also transmit cookies to your browser or device, when you click on ads that appear on the Services. Also, if you click on a link to a third party website or service, a third party may also transmit cookies to you.  Again, this Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Services, and those third parties may not honor “Do Not Track” requests you have set using your browser or device.

We may use this data to customize content for you that we think you might like, based on your usage patterns.  We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.

What types of cookies do we use?

Below we provide information about the types of cookies used in the Service and their purpose.

Type of cookies by managing entity: Depending on the entity that manages the equipment or domain from which the cookies are sent and the data obtained is processed, the following types can be distinguished:

  1. Own cookies: Those sent to the user's terminal from the Website.
  2. Third-party cookies: Those sent to the user's terminal from equipment or a domain that is not managed by the publisher, but by another entity that processes the data obtained through the cookies, such as www.google.com, www.youtube.com, or www.twitter.com.

Type of cookies by length of time that they remain active in the terminal:

  1. Session cookies: They are a type of cookies designed to obtain and store data while the user accesses a website. As their name indicates, these cookies are stored in the user's terminal until the browsing session is over.
  2. Persistent cookies: These are a type of cookies in which the data is stored in the terminal and can be accessed and processed during a period defined by the person responsible for the cookie, which can range from a few minutes to several years.

Types of cookie by purpose:

  1. Technical cookies: Those that enable users to browse through the website or the platform and use the various options or services available on it, such as, for example, monitoring traffic and data communication, identifying the session, accessing areas of restricted access, using security elements while browsing, or storing contents for the broadcasting of videos or sound or sharing contents through social media such as Twitter, Facebook, Google +, or YouTube. These are session and persistent cookies.
  2. Customisation cookies: They are those that allow the user to access the service with some predefined characteristics based on a series of criteria in the user's terminal, such as the type of browser through which the user accesses the service, the regional configuration from where the user accesses the service, etc.
  3. Analytical cookies: These are cookies that make it possible to quantify the number of users and therefore measure and statistically analyse the use of our website by users. To this end, your browsing through our website is analysed to improve it.
  4. Advertising cookies: Are those which, processed by FounderNest or by third parties, allow us to analyse your browsing habits on the Internet and which enable us to show you advertising related to your browsing profile.

What cookies do we use?

In the interests of maximum transparency, the cookies we use are described below:

Name Function Owner Duration

_hjIncludedInPageviewSample

Analytical

FounderNest

1 day

_hjAbsoluteSessionInProgress

Analytical

FounderNest

1 day

_gat

Analytical

FounderNest

1 day

_hjid

Analytical

FounderNest

1 year

_hjFirstSeen

Analytical

FounderNest

1 day

_hjTLDTest

Analytical

FounderNest

Session Cookie

_hjIncludedInSessionSample

Analytical

FounderNest

1 day

_gid

Analytical

FounderNest

1 day

_ga

Analytical

FounderNest

2 years

foundernest_user_token

Technical

FounderNest

Permanent

foundernest_accepted_cookies

Technical

FounderNest

Permanent

In addition to the cookies that FounderNest enables when you visit us, you will see that there are also third-party cookies, necessary for providing the Services. We work with online advertising companies to place our cookies on their websites or ads. This helps us know how often a click on one of our ads becomes a purchase or another action on the advertiser's website.

How can I manage the cookies?

On the basis of the information provided in this Cookies Policy, we would now like to give you details about how to manage the cookies used in the Services via the options offered by the most common browsers (Edge, Firefox and Chrome). If you reject the installation of all cookies of the Service, some features and contents may be affected.

To disable, restrict or block cookies, you must edit browser settings on your device, whether it is a computer, smartphone or tablet. As a rule, browsers offer the following settings options regarding the installation of cookies:

Will FounderNest Share Any of the Personal Information it Receives?

We may share your Personal Information with third parties as described in this section:

Information that’s been de-identified.  We may de-identify your Personal Information so that you are not identified as an individual, and provide that information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person.

Affiliated Businesses: In certain situations, businesses or third party websites we’re affiliated with may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us).  You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. One such service may include the ability for you to automatically transmit Third Party Account Information to your Services profile or to automatically transmit information in your Services profile to your third party account; for example, results of searches you run on the Services. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.

Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a payment processing company to receive and process your credit card transactions for us. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.

User Profiles and Submissions: Certain user profile information, including your name, location, and any video or image content that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our services.  Your account privacy settings may allow you to limit what information in your user profile is visible to others. Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view may be seen by other users during the matchmaking process. Additionally, if you sign into the Services through a third party social networking site or service, your list of “friends” from that site or service may be automatically imported to the Services.  Again, we do not control the policies and practices of any other third party site or service.

Business Transfers: We may choose to buy or sell assets, and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.

Protection of FounderNest and Others: We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of FounderNest, our employees, our users, or others.

Is Personal Information about me secure?

Your account is protected by a password for your privacy and security.  If you access your account via a third party site or service, you may have additional or different sign-on protections via that third party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security.  Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

What Personal Information can I access?

Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:

The information you can view, update, and delete may change as the Services change.  If you have any questions about viewing or updating information we have on file about you, please contact us at legal@foundernest.com

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at legal@foundernest.com

What choices do I have?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.

You may be able to add, update, or delete information as explained above.  When you update information, however, we may maintain a copy of the unrevised information in our records. Some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

Is there anything else I should know?

FounderNest collects information about companies and/or individuals from public sources and/or directly from the companies and / or individuals themselves; and serves it to you doing a processing of all the data points and transforming them with their our own algorithms into useful insights for you to make a decision about your interest in the company.

What if I have questions about this policy?

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to legal@foundernest.com, and we will try to resolve your concerns.

 

GDPR Privacy Policy

Last Updated: January, 2021

European Residents

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.  

For this GDPR Privacy Notice, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure.  Company will be the controller of your Personal Data processed in connection with the Services.

Where applicable, this GDPR Privacy Notice is intended to supplement, and not replace, the Company’s Privacy Policy (the “Privacy Policy”).  If there are any conflicts between this GDPR Privacy Notice and the Company’s Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict.  If you have any questions about this notice or whether any of the following applies to you, please contact us at legal@foundernest.com.  

Category of Data

Source of Data (if not Data Subject)

Purpose of Processing

Grounds for Processing (e.g. contractual necessity, legitimate interest, consent)

Specific Legitimate Interest  (if applicable)

Customer Account Data (e.g. first last name, email, ip address)

Data Subject

Analytics

Legitimate Interest

Monitoring and conducting analytics on website & app use, pages/links clicked, traffic demographics, patterns of navigation, on potential security/spam breach, on performance issues, etc.

Customer Account Data (e.g. first last name, email, company)

Data Subject

Customer Success Communication

Contractual Necessity

Personalised service and communications related to the customer’s use of the product.

Customer Account Data (e.g.

Data Subject

Marketing Campaign (email, list creation, ads)

Legitimate Interest

Personalization, market research, targeted advertisement, or direct marketing.

Customer Account Data (e.g. first last name, device type, browser)

Data Subject

Product Development

Legitimate Interest

Improving performance, troubleshooting bugs, other internal development needs.

Customer Account Data (e.g. first last name, email, company)

Data Subject

Sales Communication

Legitimate Interest and/or consent

Targeted advertisement or direct marketing.

Customer Account Data (e.g. first last name, email)

Data Subject

Using FounderNest Products

Contractual Necessity

Contractual Necessity.

Customer Account Data (e.g. image, gender)

Data Subject

Using FounderNest Products

Legitimate Interest

Creation of profiles using public known data, personalized service and communications related to the customer’s use of the product.

Billing Data (e.g. card type, card country)

Data Subject

Analytics

Legitimate Interest

Monitoring and conducting analytics on website & app use, pages/links clicked, traffic demographics, patterns of navigation, on potential security/spam breach, on performance issues, etc.

Billing Data (e.g. first last name, card type, lat 4 digits)

Data Subject

Customer Success Communication

Contractual Necessity

Personalized service and communications related to the customer’s use of the product.

Billing Data (e.g. card type, card location)

Data Subject

Product Development

Contractual Necessity

Improving performance, troubleshooting bugs, other internal development needs.

Customer Support Data (e.g. first last name, email, address)

Data Subject

Analytics

Legitimate Interest

Monitoring and conducting analytics on website & app use, pages/links clicked, traffic demographics, patterns of navigation, on potential security/spam breach, on performance issues, etc.

Customer Support Data (e.g. first last name, email, address, last 4 digits of Credit Card)

Data Subject

Customer Success Communication

Contractual Necessity

Personalised service and communications related to the customer’s use of the product.

Customer Support Data (e.g. first last name, email)

Data Subject

Marketing Campaign (email, list creation, ads)

Legitimate Interest

Personalization, market research, targeted advertisement, or direct marketing.

Customer Support Data (e.g. first last name, email)

Data Subject

Product Development

Contractual Necessity

Improving performance, troubleshooting bugs, other internal development needs.

Customer Support Data (e.g. first last name, email)

Data Subject

Sales Communication

Legitimate Interest

Targeted advertisement or direct marketing.

Customer Support Data (e.g. first last name, email)

Data Subject

Using FounderNest Products

Contractual Necessity

Contractual Necessity.

Person Public Data (e.g. first last name, news articles, company, investments)

Data Subject

Analytics

Legitimate Interest

Monitoring and conducting analytics on website & app use, pages/links clicked, traffic demographics, patterns of navigation, on potential security/spam breach, on performance issues, etc.

Person Public Data (e.g. first last name)

Data Subject

Customer Success Communication

Contractual Necessity

Personalized service and communications related to the customer’s use of the product.

Person Public Data (e.g. first last name)

Data Subject

Marketing Campaign (email, list creation, ads)

Legitimate Interest

Personalization, market research, targeted advertisement, or direct marketing.

Person Public Data (e.g. first last name, news articles, company, investments)

Data Subject

Product Development

Contractual Necessity

Improving performance, troubleshooting bugs, other internal development needs.

Person Public Data (e.g. first last name)

Data Subject

Internal Lead Generation

Legitimate Interest

Internal marketing and sales research

Person Public Data (e.g. first last name, news articles, company, investments)

Data Subject

Using FounderNest Products

Legitimate Interest

Creation of public profiles using public known data, personalized service and communications related to the customer’s use of the product.

User Session Data (e.g. page url, utms)

Data Subject

Advertising

Legitimate Interest

Personalization, market research, targeted advertisement, or direct marketing.

User Session Data (e.g. page url)

Data Subject

Mobile App Marketing

Contractual Necessity

Personalization, market research, targeted advertisement, or direct marketing.

User Session Data (e.g. utms, logged in, xsrf token, email token)

Data Subject

Using FounderNest Products

Contractual Necessity

Maintain logged-in state during a single browsing session. Maintain their logged in state across browsing sessions. Enable users to log back in when a new session is started. Prevent cross-site request forgery attacks. Product feature rollout, conducting analysis. Ad performance and conversion tracking. Personalization of Web Content. Improvement of Service provided to user.

How and With Whom Do We Share Your Data?  We share Personal Data with vendors, third party service providers and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy or our Terms of Service. These parties include:

We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested.  In addition to those set forth above, these parties also include:

We also share Personal Data when we believe it is necessary to:

We also share information with third parties when you give us consent to do so.

Last, we share Personal Data with our affiliates based in Spain. Furthermore, if we choose to buy or sell assets, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party, and we would share Personal Data with the party that is acquiring our assets. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

What Security Measures Do We Use?  We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity.  

How Long Do We Retain Your Personal Data? We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Services. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.

Personal Data of Children:  As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data from anyone under the age of 16.  If you are under 16, please do not attempt to register for the Services or send any Personal Data about yourself to us.  If we learn that we have collected Personal Data from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at legal@foundernest.com

What Rights Do You Have Regarding Your Personal Data?  You have certain rights with respect to your Personal Data, including those set forth below.  For more information about these rights, or to submit a request, please email legal@foundernest.com. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision.  In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

Transfers of Personal Data: For management and administrative purposes, we may share your Personal Data within the Company and its affiliates.The Services are hosted and operated in the United States (“U.S.”) by the Company and its service providers (Amazon Web Services). By using the Services, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Company in the U.S. and will be hosted on U.S. servers, and you hereby understand how the Company transfers, stores and processes your information in the U.S. The lawful basis for this transfer of Personal Data is the legitimate interest that the Company has to adequately manage and centralize the administration of the Services. We are very concerned with the compliance of data protection regulations, and we warrant that we have implemented the necessary measures to ensure the security of your Personal Data.

Please contact us at legal@foundernest.com for further and detailed information and/or if you have any questions or concerns and to resolve your complaints.  We commit to cooperate with the panel established by the EU data protection authorities (DPAs) or the Swiss Federal Data Protection and Information Commissioner, as applicable, and comply with the advice given by the panel or Commissioner. EU individuals wishing to reach their area DPA’s may locate them by going to http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.  Swiss individuals wishing to contact their local FDPIC may locate them by going to https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/links/data-protection—switzerland.html. Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.

What If You Have Questions Regarding Your Personal Data?  If you have any questions about this GDPR Privacy Notice or our data practices generally, please contact us using the following information:   

Name: Felix Gonzalez Herranz

Physical address: 2040 Martin Avenue Santa Clara, CA 95050 United States

Email address for contact: legal@foundernest.com

Cancellation Policy

Cancellation Policy for FounderNest paid services (when available)

Full subscription refunds for FounderNest paid subscriptions will be granted for requests received by our billing team (billing@foundernest.com) within 7 days of the payment. After 7 days, no refunds will be issued. 

As per the Consumer Rights Directive, citizens of the European Union are entitled to a full refund during the 14 days after the subscription begins. Note: This 14-day period begins when the subscription service starts. For example, if you signed up for a one-week free trial, the period begins on the first day of your free trial, so you will be eligible for a refund for 7 days after your free trial ends.

When you cancel a subscription from your dashboard, you cancel only future charges associated with your subscription. Cancellations are effective at the end of the current billing period, and as such, FounderNest does not offer prorated refunds for cancelled subscriptions. All subscriptions are recurring and will automatically renew after the end of each paid subscription period. You will not receive a refund for the current billing cycle as you will continue to have the same access and benefits of your subscription for the remainder of the current billing period. 

FounderNest is also free to terminate (or suspend access to) your use of your subscription or your account, for any reason in our discretion, including a breach of our Terms of Service.  FounderNest has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. You will not be entitled to a refund in these circumstances. 

We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.